Judgment Search Results Home > Cases Phrase: sarais act 1867 Court: punjab and haryana Page 1 of about 21,409 results (0.096 seconds)

Gian Singh Vs. Parkash Ram and Others

Court : Punjab and Haryana

..... , volume 1, paragraph 263: "fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another." 23 ..... contention can only be allowed to be raised within the purview of section 5 of the limitation act which inter-alia requires that sufficient cause should be shown for not preferring the appeal within the prescribed period of limitation ..... the rigor of sub-section (1) of section 3 of the limitation act has to operate, if the appeal is not filed within the prescribed period of limitation ..... the suit was accordingly held to be maintainable and the plaintiffs were not estopped byany act of theirs from filing the said suit. ..... whether the plaintiffs are estopped by their act and conduct to file the present suit?opd 6 ..... state of kerala and another (2006) 7 supreme court cases 416 and it has been held that fruits of the litigation arising out of such fraudulent acts are not to go to the parties. ..... (1994) 1 supreme court cases 1 has held that fraud goes to the root of the matter and all such acts are liable to be set aside. ..... section (1) of section 3 of the limitation' act reads as under: 3(1) bar of limitation. ..... section 3 of the limitation act makes it obligatory for the court to consider the question of limitation, notwithstanding any defence by the other ..... ward [1867 (3) l.r .....

Vidya Sagar Vs. Mam Chand and ors.

Court : Punjab and Haryana

Reported in : (2010)157PLR354

..... , volume-i, paragraph 263 laying down as under: 'fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is ..... sarin, learned senior counsel appearing on behalf of the petitioner referred to article 123 of the limitation act to contend that the limitation for moving an application for setting aside ex parte decree is 30 days from the date of passing of decree, and in case the party is not served then 30 days from the ..... 6 had full knowledge of ex parte decree dated 31.3.1980 but due to their own acts of negligence failed to put up defence or apply for setting aside of ex parte decree ..... expression knowledge of the decree in article 164 means knowledge not of a decree but of the particular decree which is sought: to be set aside, certain and clear perception of the act that the particular decree had been passed against him. ..... the signature of the plaintiff as well as of the applicant/defendants and as such the ex parte order and ex parte decree is an act of fraud and misrepresentation and is liable to beset aside.6. ..... the fraudulent acts can be recalled by suo motu exercise ..... 1867 ..... 7 acting on his own and alleging himself to be the guardian of the petitioner who was minor at that time sold the entire piece of land measuring 152 kanals 4 marlas and an area of 40 kanals owned by .....

Godha Singh Jabra Singh Vs. District Magistrate, Ferozepore and anr.

Court : Punjab and Haryana

Reported in : AIR1956P& H33; 1956CriLJ105

..... state of bihar', air 1954 pat 299 (c), where the notice which was given under section 18, arms act, did not mention any ground which could fall under the words 'for the security of the public peace'.6. ..... he was also found convicted in a case under section 13 of act 3 of 1867 (the public gambling act). ..... ', air 1954 cal 157 (b), has relied on the judgment of the allahabad high court and set aside an order for the cancellation of a licence on the ground that the necessary conditions prescribed under section 18, arms act had not been satisfied and that no order in writing had been made by the commissioner of police. ..... where a person, whether he is a military officer, a police officer or any other person whose duty it is to act in matters 'of discipline, is exercising disciplinary powers, it is most undesirable, in my opinion, that he should be fettered by threats of orders of 'certiorari' and so forth, because that would interfere with the free and proper disciplinary exercise of the powers that it ..... his licence was cancelled under s, 18, arms act and he assails that order on several grounds given in para 6 of his petition.3. ..... although the words in that act which were being interpreted by a divisional court in england in -- 'regina v. ..... he owns about a hundred 'shumaons' of land and was granted a licence for a revolver in about 1947 and he claims that he has not been convicted of any offence under the arms act or any rules made thereunder. .....

Commissioner of Income Tax Vs. Roshan Singh Makker

Court : Punjab and Haryana

Reported in : (2006)203CTR(P& H)125; [2006]287ITR160(P& H)

..... to tax at the rate of sixty per cent.it is proposed to insert a proviso in the said section to provide that the tax chargeable under that section shall be increased by a surcharge, if any, levied by any central act and applicable in the assessment year relevant to the previous year in which the search was initiated under section 132 or requisition was made under section 132a.this amendment will take effect from 1st ..... determined under section 158bc, shall be chargeable to tax at the rate of sixty per cent:provided that the tax chargeable under this section shall be increased by a surcharge, if any, levied by any central act and applicable in the assessment year relevant to the previous year in which the search is initiated under section 132 or the requisition is made under section 132a. ..... relevant notes on clause is extracted below :clause 41 seeks to amend section 113 of the it act relating to tax in the case of block assessment of search cases.under the existing provision of the said section, the total undisclosed income of the block period, determined under section 158bc, shall be chargeable ..... to levy of surcharge had not been dealt with in the order: while accepting the plea of the revenue about the maintainability of the application for rectification under section 254(2) of the act, on the issue of levy of surcharge, the same was considered on merits and rejected. ..... holding that since the proviso to section 113 of the act providing for levy of surcharge was added in the statute .....

Market Committee Safidon Vs. Parveen Kumar and Others

Court : Punjab and Haryana

..... no.3039 of 2012(o&m) -2- deduction of income tax at source (tds) on the interest amount paid under sections 28 and 34 of the land acquisition act, 1894 (in short, the act) on compensation amount including enhanced compensation amount for acquired land of respondents no.1 to 5. ..... the case of ghanshyam (supra) has not laid down that income tax is not to be deducted at source on the interest amount paid under section 28 of the act although it has been observed that the said interest is part of compensation amount. ..... no.3039 of 2012(o&m) -3- section 28 of the act being part of the compensation amount and income tax can be deducted at source only on the interest amount paid under section 34 of the act on delayed payment of compensation amount. ..... no.3039 of 2012(o&m) -4- (1a) and (2) of the act, the same shall be liable to be refunded. ..... of this court in judgments annexures p/7, p/8 and p/10 have categorically held that income tax has to be deducted at source on interest amount paid under section 28 of the act as well as on interest amount paid under section 34 of the act. ..... and respondent no.6 (state of haryana) are not liable to refund the amount of tds to respondents no.1 to 5 which has been deducted on interest amount either under section 28 or under section 34 of the act. ..... of 2012, titled market committee safidon versus rattan singh and another decided on 7.12.2012 contended that income tax had to be deducted at source on the interest amount paid under sections 28 and 34 of the act. .....

Darshan Lal Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 1997CriLJ2137

..... made aware of such right or protection, there would be no question of presuming that the requirements of section 50 were complied with.it was held by their lordships that if the provisions of section 50 of the act have not been complied with, as stated above, the necessary conclusion would be that the prosecution has not been able to prove that the accused was in possession of the offending article. ..... has argued that the conviction of the appellant is liable to be set aside on the short ground that the provisions of section 50 of the act were not complied with by sub inspector deep ram before conducting the search of the appellant. ..... 2665 of cri lj):-'finding a person to be in possession of articles which are illicit under the provisions of ndps act has, as we have said, the consequence of requiring him to prove that he was not in contravention of its provisions and it renders him liable to punishment which can extend to 20 years, rigorous imprisonment ..... /3-11-1995 passed by the additional sessions judge, ambala whereby the appellant has been convicted for an offence under section 18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act) and setneced to undergo rigorous imprisonment for ten years and to pay a fine of rs. ..... 489 : 1995 cri lj 2662, their lordships of the supreme court while holding that the protection under section 50 of the act to the accused is sacrosanct and cannot be disregarded, made the following observations (at p. .....

Seth Brothers Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Reported in : [1973]90ITR191(P& H)

..... in this behalf may,-- (i) enter and search any building or place where he has reason to believe that any books of account or other documents which in his opinion will be useful for, or relevant to, any proceeding under this act, may be found, and examine them, if found ; (ii) seize any such books of account or other documents ; (iii) place marks of identification on any such books of account or other documents or make or cause to be made extracts or copies therefrom ; (iv) make ..... thus, viewed from any angle, i find no escape from the conclusion that the provisions of sub-section (8) of section 132 are applicable to the searches which were carried out under the provisions of the principal act and that the income-tax officer cannot retain the books of account without recording reasons in writing for doing so and without obtaining the approval of the commissioner ior such retention. ..... the view i have taken is fully supported by the division bench decision of the allahabad high court in seth brothers ' case wherein it was held that section 6 of the income-tax (amendment) act, 1965, laid down that a search made under section 132(1) of the principal act was to be deemed to have been made in accordance with section 132(1) as substituted ; that section 6 being a curative or validating provision, must be comprehensively construed and that all searches made .....

Present:- Mr. S.S. Gill Advocate Vs. State of Punjab

Court : Punjab and Haryana

..... the judgment of conviction and order of sentence dated 19.01.2005 passed by judge, special court, sangrur, whereby, the accused appellant has been convicted for offence under section 15 of the narcotic drugs and psychotropic substances act, 1985 (here-in-after referred to as `the act ) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ` 1,00,000/- and in default thereof, to further undergo rigorous imprisonment for a period of one year ..... on appraisal of evidence and after hearing learned counsel for the parties, the trial court convicted nazar singh for offence under section 15 of the act and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ` 1,00,000/- with default clause vide sentence order dated 19.01.2005. ..... the judgment of the trial court has been challenged mainly on the ground that there is non-compliance of section 50 of the act; the independent witness was joined at the time of alleged recovery but he was not examined; there was previous enmity and the appellant has been implicated as there was a dispute regarding canal water and ..... although an argument has been raised by learned counsel for the appellant that the provisions of section 50 of the ndps act have not been complied with but the same are not applicable in this case as the recovery has been effected from truck by the investigating officer kaur gurpreet 2014.01.15 12:49 i attest to the accuracy and .....

Commissioner of Income-tax-I Vs. Naveen Bhatia

Court : Punjab and Haryana

..... its transfer: provided that in the case of a share held in a company or any other security listed in a recognised stock exchange in india or a unit of the unit trust of india established under the unit trust of india act, 1963 (52 of 1963 ) or a unit of a mutual fund specified under clause (23d) of section 10, the provisions of this clause shall have effect as if for the words "thirty- six months", the words" "twelve ..... the revenue has preferred this appeal under section 260a of the income tax act, 1961 (in short, "the act") against the order dated 17.5.2007, annexure a.iii passed by the income tax appellate tribunal chandigarh bench 'a', chandigarh (in short, "the tribunal") in ita no.469/chd/2006 ..... conversely, learned counsel for the assessee placed reliance on sections 47(x) and 49(2a) of the act to contend that in case of secured convertible debentures, the date of acquisition of the shares received on conversion would be the date when originally convertible ..... the explanation was introduced by the finance act, 1995 with effect from 1.4.1996 to clarify the provision in the case of bonus shares, the date of acquisition should be taken as date of allotment of such ..... were inserted by the finance (no.2) act, 1961 with retrospective effect from ..... clause (f) of explanation i(i) to section 2(42a) of the act states that in case of capital asset being a financial asset, allotted without any payment and on the basis of holding of any other financial asset, the period shall be reckoned from .....

Ambala Urban Estate Welfare Society Vs. Haryana Urban Development Auth ...

Court : Punjab and Haryana

Reported in : AIR1994P& H288; (1994)108PLR630

..... , street lighting, drainage, sewerage, public works, tourist spots, open spaces parks, landscaping and play fields, and such other conveniences as the state government may, bynotification, specify to be an amenity for the purposes of this act;xx xx xx xx(g) 'development' with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change, in any building or land and includes re-development:(h) ..... open air and greenery has multiplied and the city or town planning or development acts of different states require even private house-owners to leave open. ..... been observed that people of the said locality came out of their houses and told him that this act of the respondent-authority was dangerous to the residents of the locality. ..... repeal and saving provision) of the act saved not only the acts done or actions taken under the old act but also any 'notification, order scheme or rule made, granted or issued under' the 1964 act 'so far as it is not inconsistent with the provisions' of the 1977 act. ..... it also deserves mention that under section 30 of the act, the state government has been provided with effective control over ..... and liabilities incurred by the state government under the 1964 act are deemed to have been incurred by the 'authority'. ..... instead of providing open spaces which may act as lungs and provide fresh air to the body of residents, these abound in snakes and threaten the very .....